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Full text of "To the Right Honorable Edward Geoffrey, Lord Stanley, Her Majesty' s principal secretary of state for the colonies [microform]"







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To the Right Honorable Edward jGeoffrey 
Lord Stanley, Her Majesty^ Principal 
Secretary of State for the Coloides. 

The Memorial of Adelaide Plantede St. Gabriel, 
Superior, Marie Louise McLaughlp de St. 
Henry, Assistant, Marie Louise Onejlle de Ste. 
Gertrude, Zelatrice, Isabella McDortild de St. 
Andr^, Depositaire, Angelique J. ijerri^re de 
Ste. Marie* and Marguerite Boissonault de Ste. 
Monique, forming the Council of the Com- 
munautd of the Religious Ladies of th( Ursulines 
of Quebec — 

Most Humbly Sheweth — 

That Your Jjordship's Memorialists are ag- 
grieved by a decision of the Executive bouncil of 
this Province contained in a Report of that Body 
approved by His Excellency the late Administrator 
of the Government, of the 13th December, 1841, 
(copy annexed)* in which it is recommended that 
certain property held by Your Memorialists at 
I'Ance des Meres for a period of a century and a half 
and disposed of by them in 1832 to Messrs. John U 

* Appendix (No. 1.) 



2 



John Malcolm Fraser, for Commercial purposes, 
should be taken from them and granted to a party, 
Jean Baptiste Laporte or his assignee, the said Jean 
Baptiste Laporte being up to the 30th April 1838, a 
sub-lessee of Your Memorialists, deriving all title to 
the said property from them, and bound under the 
terms of ihe said lease, to deliver up the property at 
the expiration thereof, with all improvements made 
upon the same. 

That it is necessary for a perfect understanding of 
Your Menorialists' case that they should represent to 
Your Lorlship that from the period of the cession of 
this Proviice in the year 1763 to the year 1827, the 
title* to ihe property of which Your Memorialists 
were in possession was never called in question, and 
that in 1608, Your Memorialists leased the property 
in question to the Honorable W. B. Coltman^ for a 
period of thirty years, which leasef was subsequently 
assigned by Mr. Coltman to Jean Baptiste Laporte. 

That in the said year 1827, proceedings were had 
by the Crown against Jean Baptiste Laporte at his 
own instigation, as it would appear by the Report of 
Council of the llth June 1841^ (annexed) (a 
report which like that of the 13th December 1841, 
Your Memorialists will have frequent occasion in the 
course of this Memorial to advert to,) to eject him 
from the property in question. 

That by a Judgment of the Court of King's Bench 
rendered ia 1828,$ the whole property was declared 
to be vested in the Crown, but subsequently, on the 
30th July 1840 in Appeal, a Judgment || reversing that 
of the King's Bench was given, whereby it was de- 
termined, that Your Memorialists were the legal pro- 
prietors of the property lying above high water mark 
as defined on a plan aunexed to the said Judgment,^ 



* Appendix (^o. 2.) 
5 Appendix (No. 6.) 



t Appendix (No. 3.) 
11 Appendix (No. $.) 



t Appendix (No. 4.^ 
IT Appendix ^No. 7.) 



fi 



copy of which is subjoined, and the Beach below high 
water niark was adjudged to be Crown property. 

That after this solemn decision, Your Memorialists 
being acknowledged as the Riparian proprietors of 
the land in rear of the high water mark, they did not 
deem it of moment to contest the decision in Appeal 
as they anticipated that no possible objection would 
be raised to making them the declared Riparian prO' 
prietors, a grant of the Beach property In front of 
their own — a property which they had s(i long en- 
joyed without hindrance or molestation from the 
Crown. 

That Your Memorialists after the Juigment in 
Appeal applied to the Crown through tie Messrs. 
Prasers, who had acquired the property Vrom your 
Memorialists, by Petition, expressing the r desire to 
obtain a concession of the beach in froit of their 
property, at such a valuation as might be affixed, but 
the question being referred to the Executire Council 
by His Excellency Lord Sydenham^ that lody on the 
1 1th June 1841, made a Report, which wa> approved 
by His Excellency the Governor in Count il whereby 
the prayer of their petition was rejected or the fol- 
lowing reasons : — 

1st. — That the property should be pern itted to be 
purchased by Jean Baptiste Laporte, the Governmeiat 
being pledged to give him the said Lapor e a prefer- 
ence in case of the disposal of the Beach 1 )t, for that 
on the 1st March 1839, it was determined that the 
whole of the lot should be leased for a termi of twenty- 
one years, at the rate of £lOO per annum to Laporte, 
on his paying arrears at the rate of £10 per year for 
eight years, in consideration of large outlaws made by 
him on the property. | ; 

2d. — Because the Messrs. Frasers, by issuming to 
acquire a title to property in opposition to the rights 
of the Crown, that property being at the time in liti- 



yp 



gation, had thereby acquired no claim to the favour, 
able consideration of the Government. ' 

dd. — Because it would be prudent to avoid the ne- 
cessity in all future interventions of the Crown in the 
matter in litigation, by disposing of the property 
without ^'garantie" 

That Your Memorialists would beg to remark 
upon these reasons in their order :-— 

1st. — The Crown at the time in 1839, when pro* 
mise was made to Jean Baptiste Laporte of a lease of 
the property in question, was under the apprehension, 
that the uhole property as well above as below high 
water mark was in the Government, and although 
Your Memorialists conceive that it was unfair to 
wrest the property from your Memorialists, who had 
been in qiiet possession thereof for a century and a 
half, to gire the same to Jean Baptiste Laporte, their 
refractory tenant, who stood pledged by a solemn 
engagemeit to give them possession at the end of the 
lease, yet they could not contend against might, but 
when by the Judgment in Appeal, an appeal, which 
the Crown consented might be gone into, the pro- 
perty in rsar was declared not to be the Crown's but 
theirs, they had entertained a reasonable and well 
founded hope, that as, in all like cases, which have 
ever taken place in the late Province of Lower Ca- 
nada, no impediment whatever would, or could, be 
thrown in the way of their acquiring the beach in 
front of their property from the Crown, that property 
having been put in Commercio in the sale made by 
them to the Messrs. John and John Malcolm Fraser. 
2d. — ^The promise given to Jean Baptiste Laporte 
of a lease, as that promise implies, was made under 
the supposition that he had made large outlays or 
improvements upon the property. It will be found 
on enquiry, that the allegations of Laporte in this 
respect are utterly untrue, and that such outlay was 



trifling in the extreme — the road was improved at 
the public expense, and it was the occupants of the 
houses, who constructed the same at their own cost. 
Had the Inspector General, (Mr. Primrose,) of the 
Domaine, and the Surveyor General, been deputed as 
they were, in a similar case of John Reynar, a Lessee 
of Your Memorialists, in the year 1834, wbo set up a 
claim precisely such as Laporte's, to have ascertained 
what outlay had been made by Mr. Laportje, a report 
more unfavourable to that person's allegattions would 
have been made, than was, in Mr.i Reynar's, 
whose claim was entirely set aside by the {then Gov- 
ernor in Chief and Executive Councilj of Lower 
Canada, and Your Memorialists maintairfd in their 
rights, i 

That the Crown having been by surpvise led to 
promise a lease to Laporte on certain Iconditions, 
cannot in justice be considered as bioding when the 
vested rights of a party, such as those of Ybur Memo- 
rialists were affected thereby. It has beei matter of 
continued occurrence that Reports of Council similarly 
obtained have been set aside by the Government. 

3rd. — The Messrs. Frasor, when they purchased 
from Your Memorialists, had, as they still have the 
strongest ground to believe, that their title (vas good, 
and the decision in Appeal has shown^ that, that 
belief to a very great extent was not mfounded, a 
large portion of the property being declaimed to belong 
to Your Memorialists, and it would be hard indeed to 
visit Your Memorialists with an act of undue seve- 
rity« for doing that which was not illegal, and to the 
competency of the doing of which, no pbjection in 
fairness can be raised. 

4tb. — ^The recommendation that Jean Baptiste 
Laporte should be permitted to purcl^ase all the 
ground belonging to the Crown without reference to 
the boundary, but that to avoid all further interven- 
tion of the Crown in the matter of litigation, the pro. 



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perty should be disposed of without '''garaniie" seems 
to Your Memorialists to be at variance with the re- 
commendation contained in the same report in rela- 
tion to another question of a similar nature, wherein it 
is said " that the Committee see no good reason why 
" it (a beach lot) should not be sold, giving those who 
" hold the land in rear a preference in the purchase,^* 
— and again in relation to the case of Your Memo- 
rialists, that, " unless upon mature consideration, 
the right of the Grown to the ground above high 
water mark should be thought by the Law OflScers 
clear and incontrovertible, the question had better 
be considered as settled by the Judgment of the 
Court of Appeals,'* in which case the ground be- 
tween high and low water mark (and that only) can 
be considered as at the disposal of Government. 

That Your Memorialists, on being made acquainted 
with tho Report of the Council of the 11th June 
1841, above alluded to, lost no time in representing 
the injury inflicted on them thereby to His Excel- 
lency Lord Sydenham, the late Governor General, 
and His Excellency having made himself entirely 
master of the subject in all its circumstances and 
bearings, was pleased to order the Report in question 
to be reconsidered by the Executive Council. 

That it Laving been intimated to Your Memorial- 
ists that the great difficulty in the way of making a 
grant to Your Memorialists was the promise which 
had been given in 1839 to Jean Baptiste Laporte of a 
lease from the Crown, and it having been also sug- 
gested that an ofier on the part of Your Memorialists 
to compensate Mr. Laporte for his improvements 
would lead to the settlement of all difficulties, Your 
Memorialists, through the Messrs. Fraser, accord- 
ingly made such offer. 

That the reference for reconsideration by His Ex- 
cellency Lord Sydenham, was suffered to lay over, and 
no report was had thereon, previous to the death of 



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II 



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II 



that Nobleman ; but recently, viz., on the 13th De- 
cember, 1841, a report was made by the Executive 
Council, in which that body after stating, — and Your 
Memorialists here beg to call Your Lordship^s atten- 
tion to the marked language of the Execv.tive Council 
when speaking of Riparian proprietors, — ** In the 
" disposal of the other beach lots at TAnce des 
M^res, the Council were enabled to put an end to 
all litigation and dispute about boundary by order- 
in"^ sales of the beach lots to the persons claiming 
to be Riparian proprietors or holders of Ithe ground 
immediately in rear of the lands of the Crown 
forming part of the river or on its shor^ where the 
disputed boundary was situated,*' — gb on to say, 
but in the present case, (that of Your Memorialists,) 
a lease has been ordered to Laporte, and the land in 
rear has been, as before stated, convened to the 
Messrs. Frasers by the Ursulines, so tUeit it is not 
in the power of the Government to sell the beach 
" lot to the owners of the land in rear without inva- 
" lidating the order in Council in favour bf Laporte" 
— and tinally it was recommended, ** that a sale to 
** Laporte or his assignee of the beach jot bounded 
** on the land side by the Ursuline Niins or their 
'< tenants wheresoever the boundary may happen to 
'* be, be made in conformity with the h%i order in 
" Council,"— (that of llth June 1841.) j 

That there are certain rules relating to the right of 
Riparian proprietors which stand admitted on all 
hands and which have too important a bearing to 
permit of their being passed over in silence : — Where 
a river constitutes, as in this case the boundary of 
a lot of land, it is not competent to any one to inter- 
pose between the Riparian proprietor and the waters 
of the river, any work whereby this, his natural boun- 
dary, can be taken from him — the consequence is, 
that if a grant be made to any one of the interval 
between high and low water mark, supposing that the 



i( 
(I 



It 



interval of ground is in the Crown, as a front ot the 
river, such ground can only, in justice as well as 
in equity, be made to the Riparian proprietor — and 
althou«;h a difference of opinion may be pretended 
to exist as to whether the Riparian proprietor of land 
lying upon a navigable river, bounded by that river, is 
not in Law entitled to the interval between high and 
low water mark, yet the weight of authority is de- 
cidedly in favour of the Riparian proprietor, and this 
has confessedly the sanction of the Roman Law, and 
has been adopted in the modern code of France, and it 
has also received the sanction of the Court of Appeals 
in a Judgment rendered in that Court as late as No- 
vember 1830, in the case of Fournier, appellant, and 
Ohva, respondent, a report whereof is annexed,* and 
it is a fact, that can be tested by enquiry, that in no 
instance whatever, that has taken place in Canada 
East (formerly Lower Canada,) has ever the beach in 
front of c Riparian proprietor been conceded to 
another without a preference of taking the same being 
first offered to such proprietor. 

That Yojr Memorialists pray Your Lordship to 
cause an enquiry to be made into all the circum- 
stances of their case with a view to a full understand- 
ing of its merits being arrived at, and a just decision 
being had, as well in regard to the law which prevails 
in this Province as respects Riparian proprietors, as 
with deference to the custom and usage which 
prevail within it — of the Crown making grants 
of the Beaches to such proprietors in preference to 
any other, and that Your Lordship will direct that 
Your MemoriaUsts be maintained in their rights, 
and that they do receive a grant of the Beach in 
question, the same being in front of their property at 
I'Ance des Meres. 

Quebec, 9fh February, 1842. 

♦ Appendix (No. S.) 



mg 



"/» 



APPENDIX. 



No. I. 



Copy of a Report of a Committee of Council of the 
13th December 1841, and approved by His Ex- 
cellency The Administrator of the Government, in 
Council on same day, on the Memorial of the 
Society of Ursuline Nuns at Quebec, &g. &c &c. 

The Committee of Council have had under consi- 
deration the Memorial of the Society of Ursuline 
Nuns at Quebec, praying the reconsideration of an 
order in Council approved by His Excellency the 
late Governor General, on the llth June 1841, 
relating to the disposition of a Beach Lot of land 
at I'Ance des Mer^s in Quebec. 

The Committee have also had under conjiJeration 
a proposal made by the Hon. Edward Caron on 
behalf of the Ladies of the Ursuline Convent, re- 
presenting that they are the guarantee of a title to 
the premises in question, which title it appears was 
made by them in perpetuity, reserving a rent, the 
Tenants being Messrs. J. and J. M. Fraser of 
Quebec, and offering to indemnify Mr. Laporte, to 
whom a Lease of the premises was ordered by the 
Executive Government of Lower Canada, in consi- 
deration of certain improvements, for these improve- 
ments, on condition that the Crown would sell its 
right to the Messrs Fraser. 

In the disposal of the other beach tots at TAnce 
des Mer^s the Council were enabled to put an end to 
all litigation and dispute about boundary, by order- 
ing sales of the beach lots to the persons claiming ta 

B 



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be riverian prrprietors or holders of the ground im- 
mediately in rear of the lands of the Crown forming 
part of itie bed of the River or on its shore where the 
disputed boundary was situate, but in the present 
case, a Lease has been ordered to Laporte, and the 
land in rear has been, as before stated, conveyed to 
the Messrs. Fraser by the Ursulines, so that it is not 
in the power of the Government to sell the beach 
Lot to the owners of the land in rear, without inva- 
lidating the order in Council in favour of Laporte. 
The judgment of the Court of Appeals has desig- 
nated a certain boundary purporting to be the high 
water mark, leaving the Assignees or Tenants of the 
Ursuline Nuns holders of the land in rear. This 
judgment of the Court of Appeals appears to be still 
liable to be called in question by an appeal to the 
Judicial Committee of the Privy Council, either on 
the part of the Government or on the part of the 
UrsuUne Nuns. 

At the time the lease was ordered in favour of 
Laporte, not only the beach lot bounded on the land 
side by the high water mark, but also a portion of 
the land ap to the Cape was considered to belong to 
the Government, and consequently no severance of 
the property adjoining the bed of the river from that 
within it was contemplated. 

The Committee in the order now under reconsi- 
deration, fiinding the Government under a pledge to 
give a Lease to Luporte, and finding also that by the 
judgiiicnt of the Court of Appeals, and the act of the 
Ladies of the Ursuline Convent the property unfor- 
tunately severed, and the question of boundary still 
open^ and tenants under the Nuns still insisting upon 
their right to the land down to low water mark, and La- 
porte or his assignee still insistiu;^ en the right to the 
shore up to the Cape by way of carrying into effect 
the order in Council in favour of Laporte so far as it 
could be done, and for the purpose of leaving the 



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11 

parties interested to contest their own rights without 
further litigation on the part of the Government, 
advised a sale to Laporte, of all the Beach Lot being 
the property of the Crown, wherever its boundary 
might be found to be, and the Committee understand 
the proposal of Mr. Caron on the part of the Ursuline 
Nuns to be made, with the object of forcing a com- 
promise which would avoid further litigation, and 
prevent the severance of the Beach Lot bounded by 
high water mark from the land in rear, which sever- 
ance would be obviously to the great detriment of 
both properties. 

Were the Government free of the order made in 
Lower Canada in favour of Laporte, the proposal 
made by Mr. Caron would appear to be fair and rea- 
sonable, — the beach Lot might then, as in the case of 
other lots, be sold to the proprietors of the land in 
rear, or if on the other hand the Ladies of the Ursu- 
line Convent had forborne to dispose of the land in 
rear until the boundary had been ascertained, or if 
they had then agreed as to the boundary, the whole 
property might, by their acting in concert with the 
Crown, have gone into the hands of one proprietor, 
and by the junction of the estates all further disputes 
might have been avoided. • 

But under present circumstances, the Committee 
do not feel at libertv to cancel the order in favour of 
Laporte or to force him or his assignee to part with 
any right which they may acquire under it. They 
think it righr that the Government at least should be 
free of all further legal contests, and they see no other 
means of producing this result than by carrying ino 
effect the last order, which may be substantially done 
by a sale to Laporte or his assignee of the Beach Lot 
bounded on the land side by the property of the Ursu- 
line N'lns or their tenants, wheresoever the boundary 
may happen to be, — the sale to be made in conformity 
with the last order in Council. 



12 



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No. 2. 

FuRENT presentes les Rev6rendes Dames Marie 
Anne Louise Taschereau de St. Fran9oi8 Xavier, Su- 
pcrieure des Dames Religieuses Ursulines de Quebec, 
Marie Josephte Lafontaine de Therese de Jesus, Assis- 
tante, Marie Anne Brassard de Ste. Magdelaine, Zela- 
trice, Marie Marguerite Marchand de Ste. Ursule, 
Ddpositaire, Marie Louise Ignace Desroches de Ste. 
Ang^le, Marie Anne Arciiange Panet de St. Bernard, 
et Genevieve Julie Berthelot de St. Joseph, discrettes, 
toutes Religieuses du Couvent et Monastere des dites 
Dames Ursulines, composant la plus saine partie d'ice- 
lui, assemblees au son de la cloche au principal par- 
loir exterieur de leur communaute, en la maniere 
accoutumee, p^jur deliberer de leurs affaires. 

Lesquelles, de I'agrement et consentement de Sa 
Grandeur Monseigneur I'lUustrissime et Rev6rendis- 
sime Joseph Octave Plessis, Ev^que de Quebec, ont, 
par ces presentes cede, quitte et delaisse d titre de 
bail emphyteotique pour trentc ann6es entiferes et 
cons^cutives, qui ont commence le premier Octobre 
present mois, et finiront le dernier jour d'Avril de 
I'ann^e que I'on comptera mil huit cent trente-huit, 
promettant faire jouir paisiblement d Monsieur Wil- 
liam Bachelor Coltman, negociant, demeurant a Que- 
bec, a ce present et acceptant tant pour lui que pour 
Monsieur John Coltman, son frere et associd, demeu- 
rant k Quebec, preneurs, pendant le dit tems, sans 
neanmoins pouvoir ceder le tout ou partie du present 
bail, a qui que ce soit, sans le consentement expr^s et 
par ecrit des dites Dames Bailleresses ou de leurs suc- 
cesserices, c'est ^ savoir, un terrain de gr^ve situe d 
I'Ance des M^res, de cinq arpents huit pieds de front, 
prenant d basse maree allant en profondeur jusqu'st 
trois pieds vers la cime du cap plus has que I'endroit 
de la cime ou les animaux peuvent aller paitre, tenant 



13 



du c6te nord-est k un terrain cede k pareil tilre d Louis 
Dumiere, Ecuyer, maintenant reprdsente par Alexan- 
dre Munn, et du c6te sud-ouest aux terrains des 
Dames de l'H6telDieu, le tout sans obligation de 
parfournissement de mesure exacte, tel et ainsi que le 
dit terrain est actuellement et se poiirsuit et comporte, 
sans en rien r^server pour par le dit Sieur preneur ed 
dits noms, ses hoirs ayans cause, en jouir au dit titre 
durantle dit terns, et pour en prendre possession, faire 
ddguerpir touted personnes qui pourraient s'en ^tre 
empar6, et faire tout ce qui sera necessaire en son 
nom, a son compte et k ses frais, sans pouvoir rien 
repeter contre les dames bailleresses, ni faire diminuer 
la rente ci-apr^s fixee, pour raison des frais de pour- 
suite ou autres qu'il pourrait 6tre oblige de faire a cet 
efFet. 

Ce present bail ainsi fait k la charge par le preneur, 
ses hoirs, et ayans cause durant le dit terns, d'avoir 
soin du dit terrain sans faire ni souifrir faire aucun 
dommage ni deterioration sur icelui. En outre ce 
bail fait pour et moyennant le prix et sotnme de dix 
livres du cours actuel de cette province de rente em- 
phyteotique pour chacune des dites trente annees ; 
laquelle somme le preneur tant pour lui que pour ses 
hoirs et ayans cause promet et s'oblige bailler et 
payer aux dites dames bailleresses et a leurs successe- 
rices, en leur couvent, ou a leur ordre porteur des 
prdsentes, en esp^ces d'or ou d'argent ayant actuelle- 
ment cours, nonobstant mutation d'autre monnaie 
quelconque, moitie chaque six mois, excepte le pre- 
mier payement qui se fera pour portion de tems le 
premier Mai prochain, ensuite le premier Novembre, 
et ainsi continuer de six mois en six mois duraut le 
cours du present bail, a la fin du quel le dit terrain 
rentrera en la possession des dites dames, avec toutes 
les augmentations et ameliorations qui s*y trouveront 
de quelque nature et valeur qu'eiles soient, sans 



II 



11 

r 

I 
lb 



14 

qu'elles soient lenues de payer aucune indemnite ni 
d^dommagement pour raison d'iceux. 

Et pour I'execution des presentes, le dit Sieur pre- 
neur a elu son domicile en sa demeure. k Quebec, 
auquel lieu, etc., nonobstaut.etc, promettant, etc., obli- 
geant, etc., renon9ant, etc., fait et passe a Quebec, au 
parloir exterieur du couvent des dites dames baille- 
resses, I 'an mil huit cent huit, le vingt-un Octobre 
avant midi, et ont les susdites dames baiileresses, ainsi 
que le dit Sieur preneur, signe, lecture faite. 

Sr. St. F. Xavier, Superieure ; Ste. Ther^se de 
Jesus, Assistante ; Sr. Ste. Madeleine, Ztre. ; Sr. 
Ste. Ursule, Depte. ; Sr. Ste. Angele, D. ; Sr. St. 
Joseph, D. ; Sr. St. Bernard, D. 

WILLIAM BACHELOR COLTMAN. 
JH. PLANTfi, 
R. LELIEVRE. 

Pour copie conforme k la minute trouvee dans 
I'etude de feu Mtre. Jh. Piante, Notaire, ddposde dans 
les archives de ce district, vidimee et coUationnee par 
nous soussignes gardiens d'icelles et Protonotaires de 
la Cour du Banc du Roi, a Quebec, le 5 Mars, 1842. 

PERRAULT & BURROUGHS, 

B. B. R. 

No. 3. 



I 

ill 



H 



FuT present rHonorableWilliam Bachelor Coltman, 
I'un des merabres du Conseil Executif de cette 
Province, etnegociant, demeurant en cette ville, tant 
en son nom que comme procureur de Joseph Colt- 
man, Thomas Coltman, Frances Coltman et Char- 
lotte Coltman, ses freres et soeurs, demeurant en 
Angleterre, suivant leur procuration du neuf Novem- 
bre mil huit cent quatorze, par eux signde et scellee 
presence de temoins, munie des affidavits et autres 
formalitds requises pour son authenticity, certifi^e sin- 



15 

c^re et veritable par le dit Honorable William 
Bachelor Coltman, paraph6e de lui et des notaires 
soussignes pour demeurer ci-annexee. Lequel, aux 
dits noms, a par ces presentes volontairenient vendu, 
c6de, transport^, delaiss6 et abandonne d^s mainte- 
nant pour et jusqu'au dernier jour du mois d'Avril, 
de I'annee que Ton coraptera mil huit cent trente-huit, 
avec garantie des faits et promesses tant de sa part et 
de celle de feu Monsieur John Coltman, son fr^re, que 
de la part de leurs fr^res et soeurs constituans sus- 
nommeSj au Sieur Jean Baptiste Laporte, Boulanger, 
demeurant en la Haute- Ville de Quebec, rue Ste. 
Anne, k ce present et acceptant cessionnaire et acqu^- 
reur, pour lui ses hoirs et ayans cause a Tavenir, pen- 
dant le dit terns, c'est k savoir : tous les droits de 
possession, jouissance, profits, fruits et revenus et 
autres generalement quelconques qu'il a, ainsi que ses 
constituants susnomm^s, et que lui et eux peuvent 
avoir et pretendre sur un terrain de grere, situe a 
I'Ance des M^res, de cinq arpents huit pieds de front 
prenant £i basse maree, allant en profondeur jusqu'a 
trois pieds vers la cime du cap plus bas que I'endroit 
de la cime ou les animaux peuvent aller paitre ; tenant 
du c6t^ nord-est au terrain des Dames Religieuses 
Ursulines de cette ville, maintenant possed6 par la 
veuve du Sieur Alexandre Munn, et du c6te sud-ouest 
au terrain des Dames de rHdtel-Dieu, le tout plus ou 
moins, et tel que le dit terrain se poursuit et comporte 
sant jn rien r^server, disant I'acqu^reur le bien savoir 
et connaitre pour I'avoir vu et visits, et en est content 
et satisfait ; pour par lui ees dits hoirs et ayans cause 
en jouir de ce jourd'hui jusqu'au dit jour, dernier 
Avril mil huit cent trente-huit, de la m^me mani^re 
que ie dit Honorable William Bachelor Coltman, aux 
dits noms, pent en jouir en vertu du bail emphiteoti- 
que que les Dames Religieuses Ursulines en ont con- 
senti en faveur du dit vendeur, et cedant tant pour lui 
que pour feu Monsieur John Coltman son frere, par 



16 

actc i)ass6 devant Ics notaires soussignes, le vingt-un 
Octobre mil huit cent huit, mettant le dit acqudreur 
et cessionnaire en son lieu et place, droits, noms, 
raisons et actions. Les droits siisvendus appartenans, 
savoir, moitie au dit Honorable William Bachelor 
Coltman, en vertu du bail emphiteotique 8usdat6, et 
I'autre moitie k lui et a ses constituans susnommes, 
comme h^ritiers du dit feu Sieur John Coltman, leur 
fr^re. Cette vente et cession ainsi faite k la charge 
par le dit acqu^reur et cessionnaire ses hoirs et ayans 
cause, durant le dit terns, d'avoir soin du dit terrain, 
sans faire ni souflfrir faire aucun dommage ni deterio- 
ration sur icelui, de payer chaque annde aux dites 
Dames Religieuses Ursulines et a leurs successerices, 
en leur couvent. ou a leur ordre porteurdes presentes, 
en esp^ces d'or ou d'argent ayant cours lors de la 
passation du dit bail susdate, nonobstant mutation 
d'autre mocnaie quelconque, dix livres du cours actuel 
de cette Province, pour leur rente emphiteotique stipu- 
l^e au dit bail, payable moitie chaque six mois, les pre- 
miers de Mai et de Novembre de chacune ann^e, k 
commencer a courir pour I'acquereur du premier Mai 
prochain, jusqu'^ia fin du dit bail ; auquel tems le dit 
terrain rentrera en la possession des dites Dames 
Ursulines, avec toutes les augmentations et ameliora- 
tions qui s*y trouveront de quelque nature et valeur 
qu'elles soient, sans qu'elles soient tenues de payer 
aucune indemnite ni dedommagement pour raison 
d'iceux. Cette vente faite en outre pour et moyen- 
nant le prix et somme de cent cinquante livres du 
cours actuel de cette Province, en deduction de la- 
quelle somme le dit Honorable William Bachelor 
Coltman, Ecuyer, reconnait avoir re^u ^s dits noms, 
du dit acquereur celle de vingt-cinq livres courant, d^s 
avant la passation des presentes, et dont quittance a 
compte ; s'obligeant le dit Jean Baptiste Laporte 
acqu6reur, payer le residu du dit prix de vente au dit 
vendeur es dits noms en sa demeure a Quebec ou d 



17 






son ordre porteur des presentes en bonne monnaie 
courante, savoir cinquante livres dans le cours du mois 
d'Avril prochain, et soixante quinze livres pour par- 
fait payement dans le cours du dit mois d'Avril de 
l*ann6e que Ton comptera mil hait cent dix-huit, le 
tout sans inter^t, les payemens etant fails d leur 
dcheance, mais avec interlts a raison de six par cent 
sur chaque payement, k courir de leur ^cheance res- 
pective. 

Pour siirete de quoi le dit acqu6reur a affect^, 
oblige et hypoth^qu^ generalement tous ses biens 
presents et futurs, et specialement sans qu'une obliga- 
tion deroge a I'autre le susdit terrain, sur lequel le dit 
vendeur es dits noms aura un privilege special comme 
bailleur de fends. 

A ce faire etaient presentes et sont intervenues les 
Reverendes Dames Maiie Anne Louise Taschereau 
de St. Francois Xavier, Sup6rieure du Convent et 
Monast^re des Dames Religieuses Ursulines de Que- 
bec ; Marie Josephte Lafontaine de Ste. Ther^se de 
J6su8, Assistante ; Genevieve Julie Berthelot de St. 
Joseph, Zelatrice ; Marie Louise McLaughlin de St. 
Henry, Depositaire ; Marie Marguerite Blais de St. 
Pierre ; Marie Fran9oise Panet de St. Jacques ; 
Angdlique Judith de Ferri^re de Ste. Marie, toutes 
religieuses professes et discretes de la communaute 
des dites Dames LTrsulines, coroposant la plus saine 
partie de leur couvent, assembl6es au son de la cloche 
en la maniere accoutum^e, au principal parloir d'ice- 
lui, pour d^liberer de leurs affaires ; lesquelles de I'a- 
grement de Monseigneur I'Ev^que de Quebec, ont, par 
ces presentes, donne leur consentement, pour et au 
nom de leur dite communaute, au contrat de vente des 
autres parts, sous la condition expresse et sans la- 
quelle elles n'auraient point donn6 leur dit consente- 
ment, que le dit Honorable William Bachelor Colt- 
man s'obligera, comme il s'oblige par ces presentes, 
de demeurer garant et responsable solidairement avec 

C 



ff^ 



•h 



Hi 



III: 



iii 



18 

le dit Jean Baptiste Laporte, un d'eux seul pour le 
tout, sans division ni discussion, du payemeni annuel 
de ia rente emphiteotique portee au dit bail du vingt- 
un Octobre mil huit cent huit, sans aucune novation 
ni derogation aux droits d'hypoth^que que les dites 
dames ont en vertu du dit bail, excepts seulement 
qu'elles ne pourront en aucun terns, exiger h la fois 
du dit Honorable William Bachelor Coltman plus 
d'une ann^e de la dite rente, encore qu'elles en eussent 
laisse ecouler d'avantage, sans en avoir fait la de- 
mande au dit Honorable William Bachelor Coltman, 
Ecuyer. 

Et pour I'ex^cution des pr^sentes, les vendeur et 
acquereur ont elu leur domicile chacun en sa demeure 
actuelle ; auquel lieu, etc., nonobstant, etc., promet- 
tant, etc., obligeant, etc., renon9ant, etc., fait et 
passe a Quebec au principal parloir du convent des 
dites Oames Ursulines, I'an mil huit cent seize, le 
vingt-cinq Avril apres midi. 

Et ont les parties signd, lecture faite, excepte le 
Sieur Laporte qui a declare ne le savoir, de ce requis. 

CSigne,) W. B. COLTMAN. 

Sr. Marie A. L. Taschereau de St. Fran9ois Xavier, 
Sup6rieure ; Sr. Marie Josephte Lafontaine de The- 
rese de Jesus, Assistante ; Sr. Julie Genevieve 
Berthelot de St. Joseph, Zelatrice ; Sr. Marie L. 
McLaughlin de St. Henry, Depte, ; Sr. Marguerite 
Blais de St. Pierre, Discrete ; Sr. M. Fran9oise 
Panet de St. Jacques, Discrete ; Sr. Ang^lique 
Judith Ferri^re de Ste. Marie, Discrete. 

JH. PLANTS, 
R. LELIEVRE. 

Et le vingt-six Avril apr^s midi mil huit cent seize, 
pardevant les notaires publics a Quebec susdit et 
sous signes, est comparue Dame Ursule Phiset, Spouse 
du dit Sieur Jean Baptiste Laporte, ci-dessus de- 



19 



3ur le 
mnuel 
vingt- 
vation 

dites 

lement 

la fols 

n plus 

jussent 

la de- 
)Uman, 

deur et 
emeure 
Dromet- 
fait et 
ent des 
seize, le 

cepte le 
J requis. 

Xavier, 

de The- 

enevieve 

Adne L. 

arguerite 

Fran9oise 

Vng^lique 






nommd, de lui pour ce pr6sent duement autorisde k 
I'efFet qui suit, laquelle apr^s avoir eu lecture et com- 
munication de Tacte ci-dessus et des autres parts, a 
declare I'avoir pour agreable, et le ratifie par ces pre- 
sentes ; s'obligeant solidairement avec son dit mari, 
elle seule pour le tout, a I'entretiennement et execu- 
tion d'icelui. et notamment aux payemens de la rente 
emphyt^otique et au prix du dit bail, tant envers les 
Dames Ursulines qu'envers le dit Honorable William 
Bachelor Coltman, et au nom qu'il agit, sous la surete 
de tous les biens pre'sents et futurs de la dite Dame 
Ursule Phiset, qu'elle y a par ces presentes afFectes, 
obliges et hypotheques. Car ainsi, etc., obligeant, 
etc., fait et passe k Quebec, en I'etude, les jour et an 
susdits, et a sign6 avec nous, lecture faite. 

(Sign^,) URSULE LAPORTE, 

JH. PLANTS, 

R. LELIEVRE. 

(' 
Pour copie conforme t la minute trouvee en l*6tude 
de feu Mtre. Jh. Plants, Notaire, d6posee dans les 
archives de ce district, vidimee et collationnee par 
nous soussign^s gardiens d'icelles et Protonotaires de 
la Cour du Banc du Roi, a Quebec, le 5e Mars 1842. 

PERRAULT & BURROUGHS, 

P. B* R. 



NTfi, 
HVRE. 



sent seize, 

susdit et 

et, Spouse 

iessus de- 



[(fwr^^^ 



20 



No. 4. 

Copy of a Report of the Executive Council approved 
by His Excellency the Governor General, on the 
application of Messrs. Bonner and Peiry, and 
others, relating; to a certain property at i'Ance 
des M^res. 

The Committee of Council have had under consi- 
deration the several cases referred to, regarding 
claims to Beach Lots at Quebec, called I'Ance des 
Meres, and have agreed upon the following Report : 

The property called TAnce des M^res is situated 
on the River St. Lawrence, above the Mariners' 
Chapel at Quebec, and extends to Wolfe's Cove, 
above that city. 

According to a Report of the Inspector General of 
the Queen's domain, it may, in reference to the pre- 
sent proprietors or claimants, be divided into five 
sections— 1st. The permanent property, formerly 
belonging to Alexander Munn, consisting of 832 feet 
French measure, and joining on the east to the Ma- 
riners' Chapel. This Lot is said to consist of two 
extra parcels or concessions — one of 300 feet front, 
acquired from the LaCroix family, representing Mr. 
Rouer de Villeray, being that portion next the Ma- 
riners' Chapel, and the remaining 532 feet from the 
Ursuline Nuns, in 1782. 

The titles or concessions to Simon Fraser, are re- 
ported to describe the land conceded, as extending 
from the top of the cape to low water mark, and the 
premises in question are reported to have passed 
through many hands, under the above description. 

The Inspector General of the Queen's domain 
states, that from an examination of the ancient titles, 
he has no doubt, but that the description, including 






21 

the space between low and high water mark, was an 
encroachment upon the properly o( the Crown ; yet, 
as it appears that on these mutations of property, the 
Crown has taken the seigneurial dues without com- 
plaining of the descri()tion, or taking any proceeding 
to vindicate its rights. — The Inspector General ap- 
pears to be of opinion, that the Crown is in a manner 
estopped to assert an Estate inconsistent with the des- 
criptions thus admitted. 

It appears from examination of the papers before 
the Council, that the right of the proprietors to claim 
even down to high water mark, is extremely doubt- 
ful, as from ancient muniments, an intention to re- 
serve in the hands of the Crown a strip of land above 
high water mark is plainly expressed. In the case of 
one of the sections of the I'Ance des M^res property, 
this point was contested at law. and upon appeal from 
the judgment of the Court of Queen's Bench at Que- 
bec, the Court of Appeal held the right of the Crown 
not to extend above high water mark, but that to high 
water mark it did extend. j 

The Ursaline Nuns being the parly claiming 
against the Crown, commenced an appeal to the 
Queen in Council, but did not proceed in it, so that 
so far as the legal judgments of the Provincial Courts 
is concerned, the space of ground between low and 
high water mark, must be considered the property of 
the Crown, and the ground above it to the private 
proprietors. 

The Committee are of opinion, that unless, upon 
mature consideration, the right of the Crown to the 
ground above high water mark, should be thought by 
the Law Officers clear and incontrovertible, the ques- 
tion had better be considered as settled by the judg- 
ment of the Court of Appeals, in which case the 
ground between high and low water mark (and that 
only) can be considered at the disposal of the Gov- 
ernment. 



•22 

Then the question will remain, sufrgested by the 
Inspector General of the Queen's domain, — whether 
the Government as regards section No. 1 , are to be 
considered estopped to assert the ri«;ht of the CJrown 
to the ground between high and low water mark, be- 
cause of the receipt of seigniorial dues upon the 
mutation of estate, and because of long possession in 
the claimants. The Committee are of opinion, that 
the matter should be allowed to remain as at present, 
the occupant not now claiming a confirmation of his 
Estate, but should be advised to ask for a confirma- 
tion, the Committee think it should be conceded as 
an admitted right of the Crown, and at a valuation. 

The second section of the property at I'Ance des 
M^res, consists of 360 feet French measure in front ; 
it is reported to have been leased by the Ursuline 
Nuns to Mr. Duniere for 40 years, the unexpired 
term of which came into the possession of Alexander 
Munn, about the year 1806 ; this term expired in 
1836, when the lot being in possession of Mrs. Munn, 
an order in Council was passed, directing that it 
should be let at a rent of £100 per annum, and that 
the occupier should have a preference for the first 
term of 21 years. This order was made on petitions 
from Mr. Munn, and from J. Bte. Laporte, who pos- 
sessed the adjoining lot. 

It appears that Mrs. Munn did not take any lease of 
the premises from the GovernLaent for the beach lot, or 
pay any rent, but on the contrary, possession has been 
held since the expiration of the lease, and William 
Lampson , through Mr. J. B. Forsyth, by way of creating 
a colourable title against the Crown, procured from the 
Ursuline Nuns a conveyance to himself in perpetuity, 
of the lot, describing the property conceded as ex- 
tending to low water mark. William Lampson, who 
has purchased Mrs. Munn's claim, and who also, as 
above mentioned, purchased from the Ursuline Nuns 
in perpetuity, the property held by Munn, with a 



in 



23 

boundary extending to low water mark, now petitions 
for a grant of the beach and deep water in front. 

The Committee consider the claim for a grant to 
be inadmissible. They also are of opinion, that the 
plan of leasing the beach for short terms of years, is 
not productive of benefit, wMle it tends to complicate 
public business, — the Beach is not wanted for public 
purposes, and the Committee see no good reason why 
it should not be sold, giving those who hold the land 
in rear a preference in the purchase ; by so doing, all 
dispute concerninjj; the boundary must ceaye after a 
purchase in fee simple, — there is no longer any object 
to be gained in ascertaining the exact position ot the 
boundary, either on the part of the Crown or the pur- 
chaser. 

The Committee therefore respectfully recommend, 
that the petitioner William Lampson, be offered the 
beach lot, and a water lot to the ordinary debth of 22 
feet, at a valuation by the Commissioner of Crown 
Lands, at its real market value, and a commutation 
of the seigniorial rights of the Crown in the lands held 
by him in rear thereof. i 

The third lot or section of the Crown property at 
I'Ance des M^res, consists of 908 french feet in front, — 
it was originally leased by the Ursuline Nuns to Messrs. 
Coltman on the 21st October 1808, for 30 years ; the 
unexpired term of which lease, came into the posses- 
sion of J. B. Laporte by assignment from Messrs. 
Coltman in l8l6. During the continuance of this 
term, Mr. Laporte being desirous of obtaining a 
renewal of the lease, and finding some difficulty with 
the Ursuline Nuns, inquired into the title, and gave 
information to Government which induced H. M. 
Attorney General to commence a suit against him as 
the tenant in possession. 

The Crown claimed in this suit not only the beach 
up to high water mark, but also from thence to Cape 
Diamond, and Laporte, being thus sued, called upon 



24 



:i. 



1^^ 



.': 1 



the Nuns as guarantees of his titl** they intervened in 
the suit, claiming low water mark as the boundary of 
their estate. 

Judgment in favour of the Crown to the full extent 
of its claim, was given in the Court of King's Bench ; 
against this Judgment the Ursuline Nuns appealed, 
and in July 1840, .Judgment was given against the 
Crown, as regarded the ground in rear of high water 
mark, and establishing in favour of the Crown its 
title to the ground between high and low water 
mark. 

It is remarkable, that in the Judgment, the Court of 
Appeals adopted as high-water mark, a hne drawn on a 
plan made by Mr. JSax, a deputy surveyor, who was 
employed to make a figurative plan of the locality for 
the assistance of the Court, w^hich line is in fact below 
the true high water-mark made, and was not intended 
to establish its exact locality, or supported in the 
proceedings by any evidence, shew^ing that it was a 
true line ascertained by actual survey. This line runs 
in an irregular manner and cuts through houses and 
cabins erected on the cape side of the road to the 
coves. 

The Ursuline Nuns, and the Crown have both de- 
clared their intention to appeal from this Judgment, 
but the former having failed to put in the necessary 
security, forfeitw^d their right to appeal, and the Crown 
have, therefore, the right to insist upon the Judgment 
as binding, or, on the other hand to appeal from it, 
and insists upon the full extent of its first claim. 

On the 7th March, 1839, it was determined, that 
this lot should be leased for a term of years, and in 
consideration of large outlays made by I aporte, that 
he should have the first lease of 2 1 years, on paying 
arrears of rent at £10 per annum for eight previous 
years, and the new rent being £100 per annum orders 
were issued to the Attorney General to prepare this 
lease, but its completion has been prevented by the 
following* circumstance. 



25 

Messrs. J. & J. M. Fraser, while the suit was in 
litigation, and after the first Judgment in favor of the 
Crown, procured a grant in perpetuity, from the Ur- 
suline Nuns, of the whole ground to the summit of 
the Cape, and extending from thence to low-water 
mark ; thus assuming to acquire a title to the ground 
in litigation, under colour of authority from the 
Messrs. Fraser, Mr. Wm. Lampson has taken vio- 
lent possession of the beach lot within v few days past, 
The Committee are respectfully of opinion that it 
would be inexpedient for the Government to continue 
the litigation. They also respectfully reiterate their 
opinion, that the plan of leasing for terms of years is 
inexpedient. The Committee are further of opinion, 
that the Government is pledged to Laporte to give 
him a preference in case of the disposal of the beach 
lot. 

The Committee are also of opinion, that Messrs. 
Fraser by assuming to acquire a title to property in 
opposition to the rights of the Crown, that property 
being in litigation, has thereby acquired no claim to 
the favorable consideration of the Government. 

They are also of opinion, that it would be prudent 
to avoid the necessity for all further intervention of 
the Crown in the matter in litigation, to dispose of 
the property, without guarantee of title. The Com- 
mittee, therefore, respectfully recommend, that Mr. 
Laporte be permitted to purchase the beach lot ex- 
tending to the ordinary depth of 22 feet water, and 
including all the ground belonging to the Crown in 
the lot, without reference to the boundary, but with- 
out ccrapromising the seigneurial rights of the Crown, 
on the property held by or under tne Ursuime Nuns, 
and that this sale be made on a valuation of the 
Commissioner of Crown Lands, to be reported and 
approved by your Excellency. The 4th section is 
under patent and no question is open relating to it. 
The 5th section consists of from 9 to 10 arpents in 

D 



26 



I. 'I 

'Hi 



front, and was acquired so far as it could be from the 
UrsuHne Nuns, by Mr. John Fraser in 1832 — he 
shortly afterwards applied for a commutation of te- 
nure, ivhich was granted, but inasmuch as this would 
confer no title to the ground between high and low- 
water mark, it was agreed that this should be sold to 
him absolutely. For the purpose of ascertaining the 
value of the property, the title to which was to be com- 
muted, as well as of that which was to be sold to him, 
Messrs. William Philips and Robert Wood, were ap- 
pointed as experts, one on behalf of the Crown, and 
one on behalf of the purchasers. These gentlemen 
valued the commutable property above high-water 
mark at £2,224 7s. 6d. upon which a commutation 
fine of 10 per cent, was to be paid, and the property 
below high-water mark at ^285 for the ground and 
.£479 3s. 4d. for the improvements. The commuta- 
tion fine was paid amounting to £222. 

The claimants also paid the fees to Government 
Officers, on the patent for the property below high- 
water mark, amounting to <£25 1. 7s. 6d. 

Before the issue of a patent, however, the matter 
was again brought under the consideration of the 
Executive Council, and an order was made by the 
Governor in Council, from which the following is an 
extract : — 

<' But inasmuch as the Committee are of opinion, 
that the beach has evidently been undervalued by the 
experts according to their report of the 22nd October, 
1835, they recommend that the premises be valued 
at 2d. per superficial foot, being the rate at which 
similar properties have hitherto been estimated in that 
neighbourhood, and that Mr. Fraser do pay an annual 
rent, to be calculated on the amount of such valuation, 
at the rate of 6 per cent. The property having been 
assigned in portions to Messrs. Bonner and Petry — 
these gentlemen severally petitioned to have patents 
issued to them, for their respective portions of the 



the 
-he 
te" 
ould 
bw- 
d to 
; the 
com- 
him, 
J ap- 
, and 
emen 
water 
tation 
►perty 
d and 
muta- 

iment 
high- 

nnatter 
of the 
by the 
is an 

3inion, 
by the 
ctober, 
valued 
; which 
in that 
annual 
uation, 
ig been 
'etry — 
patents 
of the 



27 

beach, upon the terms stated in the last mentiuned 
order in Council. 

But these gentlemen have since petitioned repeat- 
edly to have the rent reduced, principally because, as 
they allege, a concession was made to Mr, JohnS. 
Campbell, of a beach lot upon more favourable terms. 
The petitioners have been answered by a Report of 
Council, entering into various distinctions between 
the two cases, and the Report goes to shew, that the 
instances were not parallel, and that the concession to 
Mr. Campbell was not more favourable under all the 
circumstances, than that to Messrs. Bonner and Petry. 
But the Committee do not, at this time time, think 
it expedient to enter into these questions of compari- 
son. They cannot say, that they would have assented 
to so palpable aa undervaluation, as that made by the 
experts, and in the disposal of the property of the 
Crown — they would have avoided carefully any com- 
parison of sales to be made, with others already per- 
fected. They think the only question must be, whe- 
ther the petitioners have or have not been charged 
more for the property, than its real bona fide value — 
and with a view to this question, the Comm** e are 
of opinion, that no injustice has been done. 

The Committee are respectfully of opinion, that 
even if the case attempted to be made out, of a great 
difference between the terms upon which the land was 
conceded to Mr. Campbell, and those upon which 
they purchased, was fully established, it would only 
have proved, that a great error had been committed 
in the case of the former sale ; and the discovery of 
an error is, in the opinion of the Committee, the weak- 
est reason in favour of its being perpetuated. For 
these reasons, the Committee respectfully recommend, 
that the claim of Messrs. Bonner and Petry be finally 
dismissed. The Committee have carelL.]y examined 
the claim of Mr. James Reyner, in relation to this 
lot and improvements thereupon, in which he claims 



pT-i 



28 

an interest, and for the loss of which he demands in- 
demnification, and are of opinion that he has not 
made out a case in which the Government can afford 
him any relief, and that his claim is inadmissible. 

Mr. Reyner held under a lease, by the terms of 
which he was bound to give up at its expiration all 
the improvements during its continuance, and the fact 
that the Nuns under whom he held were not entitled 
to the beach lot, and that he was therefore an unau- 
thorized possessor of Crown property, does not enable 
him to dispute in his own behalf, the title under which 
he held, or to place himself in a better position, than 
he would have been in^ had that title been legal. 

The Inspector General of the Queen's domain, 
reports upon a beach lot, not properly belonging to 
the L'Ance des M^res property, in which case, the 
Government in consideration of the Crown having 
received seigneurial dues, upon mutations of estate, in 
which the descriptions included the land between 
high and low-water mark, granted the beaeh lot at a 
nominal yearly rent of five shillings. 

The Committee, as the matter respecting this lot is 
settled, only think it necessary to remark, as in the 
case of the L'Ance des Meres, 1st section, that in 
such cases, they would not advise the party in posses- 
sion to be disturbed, yet they would avoid the instance 
quoted being made a precedent as in future cases 
where any action is required to confirm a title in pos- 
session acquired through inadvertence on the part of 
the Government, the full value of such confirmation 
•should be exacted. .... 

Council Chamber, 

> Montreal, 11th May, 1841. 

(A true Copy.) 

S. B. SMITH. 
Kingston, 26th August, 1841. 



»•>"> 



29 



No. 1574. ^ 



No. 5. 

Province of L. Canada, 7 
District of Quebec, j IN THE KING'S BENCH. 

The twentieth day of April, 1831. 

Dominus Rex, 

vs. 
JEAN BAPTISTE LAPOB E of 
the Parish of Quebec, in the County 
of Quebec, in the District of Que- 
bec, Yeoman, 

Defendant ; 
and 
The said JEAN BAPTISTE LA- 
PORTE, 

PltintifFew garantte. 
vs. 
The Reverends Dames Marie Margue- 
rite Boissonnault de Ste. Monique, 
Supdrieure of the Convent and 
Communaute of the Ursulines of 
Quebec ; Marie Fran^oise Panet 
de St. Jacques, Assistante ; Gene- 
vieve Juhe Berthelot de St. Joseph, 
Zelatrice ; Marie Louise McLaugh- 
lin de St. Henry, Depositaire ; 
Marie Anne Archange Panet de St. 
Bernard ; Marie Louise O'Neal de 
St. Catherine ; Jane McKutcheon 
de Ste. Claire, Discretes of the said 
Communaute, residing in tlie City 
of Quebec, in the Countv of Que- 
bec, in the District of Quebec, in 
their said Convent, 

Defendants en garantte 

and intervening party. 

The Court having heard the Attorney General on 

behalf of our Sovereign Lord the King, and Mr. 



30 

Caron, Attorney for the Ursuline Nuns, as garants 
formelles of the above named Jean Baptiste Laporte, 
upon the issues raised as well upon the exception 
peremptoire en droit perpetuelle as upon the dtfense au 
fonds en fait, having also seen and examined the seve- 
ral exhibits and proofs of record and the figurative 
plan of Mr. William Sax, sworn surveyor, drawn in 
obedience to the Interlocutory Judgment rendered in 
this cause on the fourth day of June, one thousand 
eight hundred and thirty, and filed therein on the se- 
cond day of October following, and having maturely 
deliberated upon the whole, it is considered and ad- 
judged, inasmuch as the tract or parcel of Ground 
and Beach mentioned and set forth in the said infor- 
mation of the said Attorney General and described as 
follows, that is to say : — '• A certain Tract or parcel 
" Land situated in the Lower Town of Quebec, at a 
** place called VAnce des Meres, containing five ar- 
•• pents eight feet, French measure, in front, by about 
** seventy feet and upwards in depth, extending to 
" the foot of Cape Diamond, bounded in front by 
** low-water mark, on one side to the north by land 
** in the possession of Alexander IvIudp. or his repre- 
** sentatives, on the other side to the south-west by 
** land in possession of John Say ton Campbell, and in 
** the rear by Cape Diamond" forms no part or par- 
'* eel of the ground sold by one Duquet to the said 
Ursuline Nuns, by deed, before Becquet, Notary 
Public, and witnesses, on the twelfth day of March, 
one thousand six hundred and seventy-one, and sub- 
sequently confirmad to them by the Intendant, — that 
our said Lord the King is the proprietor thereof. 

And it is therefore further considered and adjudged 
that the said Jean Baptiste Laporte do, within fifteen 
days from the service upon him of the present Judg- 
ment, desist from, quit and abandon, and after that 
delay that he be amoved from the possession and oc- 
cupation of the tract or parcel of Ground and Beach 



au 



31 

hereinbefore described, and that the same be rendered 
and delivered up to our said Lord the King ; and it is 
further considered and adjudged that our said Lord 
the King do recover his costs from the said Jean Bap- 
tiste Laportc. 

PERRAULT & BURROUGHS, 

B. B. R. 

No. 6. 

Province of L. Canada,) The 30th July, 1840. 
Court of Appeals, y 

The Ursuline Nuns of Quebec, Appellants ; 

and 
The Attorney General, yro Regind, Respondent. 

The Court having heard the parties by their 
Counsel, examined the Record and proceedings and 
deliberated thereon. It is considered that inasmuch 
as by the report of the Survey of William Saxe, re- 
ferred to in the Judgment of the Court below of the 
twentieth day of April, eighteen hundred and thirty- 
one, it appears that there is a space between the 
Gape Diamond and high water mark in the River St. 
Lawrence which the Crown cannot claim as the 
soil of the Tide-water, and whereof the Appellants 
have been legally in possession from time imme- 
morial, under titles which it was not the object of the 
information to try, the Judgment of the Court below 
has by awarding all the depth of land from low water 
mark to Cape Diamond, adjudged to the Crown more 
than ought to have been held and considered as its pro- 
perty, and the Judgment of the Court below is there- 
fore in this respect reversed : — and this Court giving 
the Judgment which the Court below ought to have 
rendered. It is adjudged and declared that all the land 
between Low -water mark of the premises described 
in the said Judgment and the place designated in the 
plan of William Saxe therein referred to by a line with 



32 



the letters g, h, i, k, I, and a, as that at which the tide 
did rise and would an;ain rise but for the obstacles in 
its way, shall be held to be the property of Our Sove- 
reign Lady the Queen, in right of Her Sovereignty 
as the soil of Tide water, and therefore it is con- 
sidered that the said Jean Baptiste Laporte, do 
within fifteen days from the service of the present 
Judgment desist from, quit and abandon the same, 
and that in default thereof he be amoved of the pos- 
session and occupation of the said tract and parcel of 
land and beach as herein awarded to Her Majesty in 
due course of law. The Court awarding no costs to 
either party either in this Court or in the Court below. 
And it is ordered that the Record be remitted to the 
Court below. 

Certified, 

E. DESBARATS, C. C. A. 



No. 8. 



Province of Lower Canada, 7 The 17th November, 



Court of Appeals^ 



} 



1830. 



Louis Fournier, Appellant, 

and 
Jacques Oliva, Respondent. 

The Co'iFt having heard the parties by their 
Counsel, It is considered and adjudged that the Judg- 
ment of the Court of King's Bench for the District of 
Quebec, rendered in this cause on the twentieth day of 
June, one thousand eight hundred and twenty-nine, 
be and the same is hereby reversed. And it is further 
adjudged that the said Appellant be maintained in the 
possession and enjoyment of the Lot of Land men- 
tioned and described in the declaration in this cause 
filed, with injunction to the said Respondent not to 
trouble the said Appellant in the possession thereof in 
future — Condemn the said Respondent to remove and 



33 

carry away within fifteen days after signification of the 
present Judgment, the fence by him erected in and 
upon the said lot of land, and failing herein, doth au- 
thorize the said Appellant to prostrate and remove the 
said fence at the cost and charges of the said Res- 
pondent, and further condemn the said Respondent to 
pay to the said Appellant for his damages by reason of 
the matters complained of, the sum of five pounds 
with the Costs, as well in the said Court of King's 
Bench, as in this Court ; and it is ordered that the 
Record be remitted to the said Court of King's 
Bejich. 

Certified, 

E. DESBARATS, C. C. A. 



j*^ 

KT 



Sir, 



Kingston, 21st Feby. 1842. 



I had the honor, on Tuesday last, to pre- 
sent to His Excellency the Governor General, a 
Memorial of the Ursuline Nuns of Quebec to the 
Colonial Minister, praying that a Report of the Exe- 
cutive Council of this Province, dated 1 3th Deer. 
1841, in which it was determined to deprive them of 
certain property of which they have been the possessors 
for upwards of 1 50 years, and to grant the same to one 
J. B. Laporte, their refractory tenant, or his assignee, 
might be set aside and quashed, — In the interview 
T had with His Excellency on the subject I respect- 
fully requested that His Excellency would be pleased 
to transmit the same to the Colonial Minister, mth 
his report and opinion thereon, as prescribed in like 
cases by the rules and regulations addressed to the 
Governors of Colonies from the Colonial Office as res- 
pects correspondence of individuals — page 92, section 
3 — clause 5— until the decision of Lord Stanley was 
made known to His Excellency, and that no action 

E 



34 

should, as respects either reference for Patent or other- 
wise, be made in favor of Jean Baptiste Laporte or 
his assignee, and His Excellency was pleased to asE^ure 
me, after taking note of what I asked, that the matter 
should receive his attentive consideration. 

I now therefore beg, as agent of the UrsuliueNuns, 
that this letter may be laid before His Excellency by 
you, as containing in writing the prayer of the Ur- 
sulines, which I had the honor of but verbally mak- 
ing known to His Excellency on Friday. 

The plan of Mr. Sax, alluded to in the memorial to 
Lord Stanley, has been mislaid by me, but in the 
course of a few days a certified copy will be handed 
to you, to be attached to the Memorial and Appen- 
dix ; and I shall at an early day be enabled to trans- 
mit a printed copy of the memorial to Lord Stanley, 
and appendix thereto, to forward with the written 
one. 

I have, &c. 
' ' (Signed) J. H. KERR 

TheHonble. D. Daly, 

Secretary, East. 



Sir, 



Secretary's Office, 

Kingston, 22d Feb. 1842. 



I am commanded by the Governor General to 
acknowledge the receipt of your letter of the 21st 
instant, relating to the Memorial you presented to His 
Excellency on Friday last, upon the subject of the 
claim of the Ursuline Nuns to certain property at 
I'Ance des Meres. ^ : c m 

In reply I am to inform you that His Excellency 
after a careful consideration of your statement of the 
case is unable to give you any other answer than the 
one announced to you on the 27th ult. His Excel- 
lency will of course readily transmit your Memorial to 
the Secretary of State ; but he sees no sufficient reason 



*ir^ 



himself for a reversal of the decision of the Executive 
Council, and after the very long enquiry that has now 
been had into the merits oi the case, he cannot consent 
to the further delay which the suspension of proceed- 
ings solicited by you would cause. 

1 have the honor to be, 
Sir, 
Your most obt. servt., 

D. DALY, 

Secy. 
J. H. Kerr, Esq. 
&c. &c. &c. 



Sir, 



Kingston, 22d Feby. 1842. 



I have had the honor to receive your letter 
of this date, acquainting me in reply to my letter ad- 
dressed to you yesterday, in relation to the Memorial 
presented by me on the part of the Ursuline Nuns to 
His Excellency the Governor General, " that you had 
" been commanded to inform me that His Excellency, 
*' after a careful consideration of my statement of the 
case, is unable to give me any other answer than 
the one announced to me on the 27th ultimo, but 
that His Excellency will of course readily transmit 
the Memorial of the Nuns to the Secretary of State, 
** but that His Excellency himself sees no sufficient 
reason for a reversal of the decision of the Executive 
Council, and that after the very long enquiry that has 
now been had into the merits of the case, His 
Excellency cannot consent to the further delay which 
the suspension of proceedings solicited by me 
" would cause." 

As representing the Religious Ladies of the Ursu- 
line Convent, I beg respectfully to intimate to you, 
for the information of His Excellency the Governor 
General, that the appeal rendered in July 1840, re- 
versing in part the judgment of the King's Bench 



(r 



(( 



tt 



<( 



<( 



(< 



(( 



tc 



i( 



30 



I 



in the case of our Sovereign Lord the King versos 
Jean B. Laporte, the Nuns intervening, will be imme- 
diately carried by these ladies to the law tribunal of 
last resort — the Queen in Council — their right to 
do which is undoubted and acknowledged to be so in 
the Report of the Executive Council of the 13th De- 
cember last. His Excellency is already apprized that 
the last law decision in 1840, has restored to the Nuns 
half of the property which the Crown in 1839 were 
about to grant to Laporte, their refractory tenant — 
and they are advised by the first law authorities in the 
Province that by an appeal to the Court of last resort, 
they will be declared to be the proprietors of the re- 
maining half. 

The opinion entertained by His Excellency that he 
cannot stay the issue of Patent although His Excel- 
lency win forward the memorial of the Nuns to the 
Colonial Minister, necessarily obliges the ladies to 
take this course as the only one open to them of ob- 
taining redress \for in case the Patent to Laporte or 
his assignee is signed the decision of the Colonial 
Minister, if favourable to their pretensions, will be 
of non avail to them i 

I therefore most respectfully pray, that Patent be 
not issued to Jean Bte. Laporte or his assignee till the 
appeal of the Nuns to the Queen in Council, which 
will be proceeded with as bool\ as the rules of Court 
permit, is finally pronounced, and that in the mean- 
time, His Excellency will be pleased to transmit the 
memorial of the Nuns presented by me, to the Colo- 
nial Minister, Lord Stanley. ^. 

I return to Quebec to-morrow, and I request your 
reply addressed to me there. 

i ^ ^ 1 have, &c. ^ 



(Signed) 

The Honble. T. Daly, 
Secretary, East. 



J. H. KERR. 



.M y- 



mm 



Sir, 



87 

Secretary's OrriCE, 
Kingston, 24th February, 1842. 



I am commanded by His Excellency the 
Governor General to acknowledge the receipt of your 
letter of the 22nd instant, praying, in behalf of the 
Ladies of the Ursulines Community of Quebec, that 
Patent be not issued in favor of J. B. Laporte, or hia 
Assignee, till such time as the appeal which they 
now propose making from the decision of the Court 
of Appeals in July, 1840, to the Judicial Committee 
of the Privy Council shall have been carried through 
and a decision obtained upon it. 

I have the honor to be. 
Sir. 
Your most obedient Servant, 

D. DALY, 

Secretary. 
J, H. Kerr, Esq. 
&c. &c. &c.